New India Assurance Co. Ltd., Branch Wardha Thr. Regional Manager v. Smt. Indira Wd/O Shantaram Tumadam And Others

caf.3540.16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.3540 of 2016 in First Appeal St.No.20603 of 2016 New India Assurance Co. Ltd.

vs.

Smt. Indira wd/o Shantaram Tumadam & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri A.W. Paunikar, Advocate for Applicant-Appellant.

CORAM

: SMT. ANUJA PRABHUDESSAI, J.

DATE : 20 th JANUARY, 2021.

The applicant herein has sought to condone the delay of 49 days in challenging the order, dated 01/03/2016 in MACP No.39/2012.

For the reasons stated in the application , the delay is condoned. The application stands disposed of.

First Appeal St.No.20603/2016 :

Heard learned Counsel for the appellant.

The appellant herein has challenged the order dated 01/03/2016, whereby the Claims Tribunal has allowed the application filed under Section 140 of the Motor Vehicles Act by respondent Nos. 1 to 5. The impugned order is challenged on the ground that the appellant-Insurance Company had cancelled the policy and, hence, was not liable to pay any compensation. It is stated that during the pendency of this appeal, the claim petition has been disposed of and

caf.3540.16 2/2 the defence raised by the appellant-Insurance Company has been rejected and that the appellantInsurance Company has been ordered to indemnify the insurer.

In view of this subsequent event, nothing survives in this appeal. The appeal, is therefore, dismissed.

JUDGE *sandesh